The Brookhaven leader., 1887-06-16

BIT, contends the General, We
we're only following the plan not
the law previously observed" In
other words, the lease money for
1884, "was not due until the close OF
the year 1885" lie also contends
that this "plan" was necessary un-
der the contract, and because time
was needed to complete improve
ments, ETC., which the Lessees might
have under contract. 10 fact, on
this sandy foundation he rests the
whole superstructure OF his defense,
but that 20 such position can be
maintained, We will presently show.
The Penitentiary lease under dis
cussion extended from Jan. !, 1881,
to Jan. l, 1887, at $39,4S0 per year,
and the contract required that set
Elements should be made annually.
10 proof OF the correctness of this
Interpretation OF the contract, we
cite the last sentence quoted from
tue Governors message above, and
also his message to the Legislature
of 1884, in Which be calls attention
to the fact that the Lessces had
failed TO settle for the rent due for
1888, and odds: The sum of $39,420
is, under tue contract, due annually
until its expiration, on lst January,
1887"
Acting on this information from
the Cover nor, and intending TO en-
force a prompt compliance with the
contract as to payments, the Legis
lature passed the Act approved
March l2, 1884, from which We take
the following section:
SEC. ?. BE il further enacted, That
if the lessees of the Mississippi
Penitentiary shall fail or refuse to
promptly pay into the State Treas
urv, when the same becomes due,
the amount agreed to be paid By
them to the State on account Of the
existing lease of said Penitentiary,
it shall oe the duty of the Attorney
General, upon being notified by th"
Governor of such failure or refusal
TO pay amount due, to institute suit
at once, and prosecute the same to
Judgment and satisfaction thereof
against said lesseesj and the sureties
on their bond for the amount in
arrears, and the amount 80 collected
shall be paid into the State Treas
ury; and it is hereby made the duty
Of the Governor to notify the Attor-
OF such failure or
refusal TO pay rs soon as the fact
of such default comes to his knowl,
edge.
With this evidence of the legisla-
tive sense and intent before them
when they wrote those certificates,
it is worse than puerile, for
Two prominent officials, who were
specially charged with looking after
the financial interests Of the State, 10
attempt to defend their position at
this late day by saying they were
only allowing the I.essecs 10 follow
" the plan previously observed"
We may add that Attorney General
Miller takes no stock in this shallow
sophistry Of his predecessor and
Gen. Adams, and early last year en-.
tered suit on the bond of the Les.
sees for the rent due for 1885, also
recently for the rent due for 1886,
and which we cite as additional
proof of the utter indcfensibleness
OF Gen. Adams position.
While We grant, as Gen. Adams
claims, that the Lessees had u right
by their contract and the laws I'm
der which it was formulated,to make
repairs and improvements and de-
mand credits for same in settlement,
yet for reasons already given, we
wholly repud,ate as illogical and
unreason able his conclusion that
" the result of the privilege thus
accorded 10 the Lessees was, that
the rent for no year became due or
payable until twelve months after the
expiration of the year to which it
was charged. To say nothing OF
the law which we have shown was
directly averse to any such interpre-
tation, it was shown in 1886 by the
Senate Standing Committee on Pen
iten,iary and Prisons that it was
entirely unnecessary for the Lessees
to finish their contracts for work be
fore credits were obtained. That
committee see their report in Sen
ate Journal for 1856 showed that
the Lessees had obtained credits OF,
contracts in settlement with the
State for the year 1883 which had